§ 28-17. Plan appeals.

(a)

Except as provided in subsection (b) of this section the appeal of a disapproval or approval with modifications of a plan shall be governed by the following provisions:

(1)

The disapproval or modification of any proposed erosion control plan by the town shall entitle the person submitting the plan to a public hearing if such person submits a written demand for a hearing within 15 days after receipt of a written notice of disapproval or modifications.

(2)

Hearings held pursuant to this section shall be conducted by the board of commissioners within 45 days after the receipt of a request for a hearing.

(3)

Within 45 days after the hearing, the board of commissioners of the town will render its final decision on the erosion control plan upon which a hearing was requested.

(4)

If the town upholds the disapproval of modification of a proposed soil erosion and sedimentation control plan following the hearing, the person submitting the plan shall then be entitled to appeal the town's decision to the commission as provided in G.S. 113A-61(c) and title 15A NCAC 4B.0018(d).

(b)

In the event that a plan is disapproved pursuant to subsection 28-6(h) of this chapter, the applicant may appeal the town's disapproval of the plan directly to the commission.

(Ord. No. 09-04-017, § I, 4-1-2009)